"The flexibility to use either the W-2 correction method or the in-plan Roth rollover correction method is helpful, but both approaches present challenges.... The safe harbor for BRF nondiscrimination requirements may help mitigate some administrative complexities.... [O]perational challenges will require careful planning and close coordination among payroll, recordkeeping, and plan administration teams."  MORE >>

"For distributions prior to April 15, [although the IRS website] states that earnings on excess deferrals are reported on Form W-2, it is silent on the reporting on the excess deferral itself, other than to state that it is taxable. However, the Form 1099 instructions are quite clear that Form 1099-R should only be used for distributions from governmental 457(b) plans and not private tax-exempt 457(b) plans. Therefore, absent guidance, it is reasonable to reflect the full deferral amount, including excess amounts, in Box 12 (Code G) of Form W-2 in the year of the deferral (and the participant should report the excess amount on their Form 1040)."  MORE >>

"This case promises to be critical to how courts handle 'underperformance' litigation -- cases in which plaintiffs challenge the prudence fiduciary/committee investment decisions based on a retrospective analysis of the targeted plan funds vs. other investment options." [Anderson v. Intel Corp. Inv. Policy Comm., No. 22-16268 (9th Cir. May 22, 2025; cert. pet. granted Jan 16, 2026, No. 25-498)]  MORE >>

"On January 8, 2026, the US District Court for the Southern District of New York dismissed (with prejudice) plaintiffs' claims ... holding both that plaintiffs lacked standing to sue and that they had failed to state a claim under ERISA. The case is unusual because it did not, as other PRT cases have, involve Athene, and the Verizon annuity contracts included certain protections with respect to, e.g., reinsurance and the treatment of plan assets." [Dempsey v. Verizon Comm. Inc., No. 24-10004 (S.D.N.Y. Jan. 8, 2026)]   MORE >>

"When Fidelity restricted third-party advisor access to employee retirement accounts in late 2024, citing cybersecurity concerns, the move caught plan sponsors off guard. The nation’s largest 401(k) provider had made a unilateral decision that directly affected how participants could work with their chosen financial advisors. Charles Schwab soon followed. Now HR leaders face a critical question: Who bears the fiduciary liability when recordkeepers impose restrictions that employers never authorized?"  MORE >>

"[T]he Protecting Prudent Investment of Retirement Savings Act (HR 2988) ... would significantly restrict the consideration of non‑pecuniary factors in retirement plan investing.... It would also impose new nondiscrimination rules for service provider selection, tighten fiduciary obligations with respect to proxy voting, and require enhanced disclosures for brokerage windows."  MORE >>

"[M]ore than half of Americans (51%) have either stopped or reduced their retirement savings in the past six months due to the current economic environment. Two in three (66%) say they have not been able to contribute to their savings as much in the past six months due to the current economic environment.... The majority of Americans (59%) say they are prioritizing saving for health-related expenses over other financial goals due to anticipated premium hikes."  MORE >>

"As of December 31, 2025, any person or entity, including hiring companies, platforms or individuals, can contribute funds to a contractor's portable benefits account without compromising the worker's independent contractor status.... [B]usinesses can deduct 100% of their contributions as a business expense....A 'portable benefit account' is a special account ... designed to let workers fund a variety of benefits, including: [1] Health insurance plans; [2] Income replacement or disability coverage; [3] Life insurance; [4] Retirement savings."  MORE >>